September at Nomos
Although we’ve stepped into spring, the weather this month has been something of a roller coaster switching between warm and cold, dry and wet. As always, the elements have not kept us from pressing on at Nomos.
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- One of the highlights of the month came when, after 6.5 years (including a period of unlawfulness) and a steep uphill battle at the Administrative Appeals Tribunal (‘AAT’), we secured a positive outcome on behalf of one of our clients in a Protection (subclass 866) visa refusal matter. Needless to say, the whole Nomos team was elated with the decision, but not as much as the client! In addition, we also saw more grants in the TSS (subclass 482), Temporary Work [short stay specialist] (subclass 400), ENS (subclass 186) visa categories as well as a number of Australian citizenship approvals. It has been a bright September for Nomos’ clients!!
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- This month the Department updated their internal policy about the work experience requirement for TSS visa applicants. There was previously some confusion about this, as the legislation was clear in the requirement that TSS visa applicants needed 2 years of relevant work experience, however the Department’s policy interpreted this very narrowly, and specified that this needed to be full-time or the part-time equivalent (not casual) and it had to occur in the preceding 5 years. The updated policy is now in line with the legislation, and reflects that there is no requirement that the experience needs to be full-time. One of the advantages of being represented is that you can be kept informed about changes like this that may be relevant to your or your employee’s visa application.
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- On 5 September 2024, a new SkillSelect Expression of Interest (‘EOI’) invitation round occurred. This included invitations to apply for subclass 189 visas for engineers, teachers, accountants, medical practitioners, tradespeople and more. This invitation round gives insight into the current status of the labour market as well as prospective visa applicants, with many trades occupations being invited to apply for visas based on a points score of 65, whereas many professional occupations were invited to apply for visas based on a points score of 90 and over. Topping the list was the occupation of Nursing Clinical Director, with invitations being issued for prospective applicants with 115 points. Ensuring you are able to claim the most points possible is key to securing an invitation to apply for one of the general skilled migration visas. The process of submitting an EOI and subsequently lodging a visa application can be convoluted at best and downright daunting at worst. If you need advice on eligibility or assistance with the application processes in this programme, please feel free to contact the Nomos team and we will be happy to assist.
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- In an effort by the Australian Government to expand opportunities for young citizens of both Australia and India as part of the Australia-India Economic Cooperation and Trade Agreement (AI-ECTA), which entered into force on 29 December 2022, legislation was introduced on 11 September 2024 which added Indian nationals to the Work and Holiday (subclass 462) visa programme. Indian nationals are now able to apply for a Work and Holiday visa if they meet the specified requirements, and the new ballot program for these visas will commence on 1 October 2024. In order to be eligible for this visa, applicants must be adults under 30, possess a functional level of English, have sufficient funds to support their stay in Australia and have successfully completed at least 2 years of post-secondary study (along with health and character requirements that must be met).
That’s the Nomos wrap-up for September. See you next month!
*All information is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.
